MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           04 February 1999       
	DOCKET NUMBER:   AC98-11297
                                              AR1998014379

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show he served on active duty from 15 May 1968 to 15 May 1970 and was in the Republic of Vietnam (RVN) as a military policeman from December 1969 to November 1970.

APPLICANT STATES:  That his separation document (DD Form 214) does not show the correct dates of service, or that he served in the RVN as a military policeman from December 1969 to November 1970.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 15 May 1968 for 2 years.  He completed his training and was assigned to duties as a wheeled vehicle mechanic (63B).

The applicant was assigned to the RVN from 24 June 1969 to 10 April 1970, a period of 9 months.  There is no evidence showing that he performed duties as a military policeman during this tour in the RVN.

The applicant was honorably released from active duty and transferred to the USAR on 11 April 1970.  He completed 1 year, 10 months and 27 days of creditable active service.

On 25 February 1971 the applicant enlisted in the Regular Army for 3 years.  He was immediately assigned to the Federal Republic of Germany (FRG) for duty as a wheeled vehicle mechanic (63B).

In October 1971 the applicant was reassigned from the FRG to the RVN.  He performed duties as a wheeled vehicle mechanic with the 41st Signal Battalion and with the 73rd Signal Battalion.  On 24 June 1972 he was reassigned to Fort Jackson, South Carolina.

On 29 June 1973 the applicant was reassigned to Fort McClellan, Alabama.  It appears that he failed to report to his new duty station as required and received nonjudicial punisment under the provisions of Article 15, Uniform Code of  Military Justice for AWOL (7 days).  The punishment included a reduction to private first class (suspended) and a forfeiture of $75.00 (suspended).

On 25 February 1974 the applicant was honorably released from active duty and transferred to the USAR.  He completed 2 years, 11 months and 25 days of creditable active service during this period and had 7 days lost time due to AWOL.

On 24 May 1974 the applicant was honorably discharged from the USAR.

On 22 April 1976 the applicant enlisted in the Puerto Rico Army National Guard (ARNG).  He performed duties as an automotive repairman through November 1978.  On 1 December 1978 he was assigned to military police duties (95B).
On 3 January 1991 the applicant was ordered to active duty as a military policeman (95B) in support of Operation Desert Shield/Storm.  He was released from active duty on 20 June 1991 and returned to the Puerto Rico ARNG.

On 20 October 1992 the applicant was discharged from the Puerto Rico ARNG and transferred to the USAR Control Group (Retired).  He completed 5 years, 4 months and 10 days of creditable active duty, and 22 years, 3 months, and 6 days of total creditable service.  He attained the rank of staff sergeant.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant served honorably in the Regular Army, the USAR and the ARNG for more than 22 years.

2.  There is no evidence of record, nor has the applicant provided any substantiating evidence to show that his DD Form 214 reflects incorrect dates of service.

3  The applicant’s contention that he served in the RVN from December 1969 to November 1970 is not supported by the evidence of record, nor has he provided any substantiating evidence to support his allegation.

4.  Also, there is no evidence to support the applicant’s contention that he performed duties as a military policeman during his first tour of duty in the RVN.  The evidence of record shows that he first performed the duties of a military policeman while on active duty in support of Operation Desert Shield/Storm in 1991.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11297	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.05	
2.		
3.		
4.		
5.		
6.